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        |  | AN ACT | 
      
        |  | relating to the comptroller's access to criminal history record | 
      
        |  | information of wrongfully imprisoned persons and certain annuity | 
      
        |  | payments payable to surviving spouses and designated beneficiaries | 
      
        |  | of those persons. | 
      
        |  | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | 
      
        |  | SECTION 1.  Section 103.0535, Civil Practice and Remedies | 
      
        |  | Code, is amended by amending Subsection (d) and adding Subsection | 
      
        |  | (d-1) to read as follows: | 
      
        |  | (d)  An election under this section must be made not later | 
      
        |  | than the 45th day after the date: | 
      
        |  | (1)  on which the claimant files with the comptroller | 
      
        |  | the application required by Section 103.051; or | 
      
        |  | (2)  on which the claimant experiences one of the | 
      
        |  | following life-changing events: | 
      
        |  | (A)  marriage or divorce of the claimant; | 
      
        |  | (B)  the addition of a dependent of the claimant; | 
      
        |  | or | 
      
        |  | (C)  the death of a dependent, spouse, or | 
      
        |  | beneficiary of the claimant. | 
      
        |  | (d-1)  An election under Subsection (d) must be made on a | 
      
        |  | form prescribed by the comptroller that: | 
      
        |  | (1)  identifies the claimant's spouse or designated | 
      
        |  | beneficiary according to Section 103.0536; and | 
      
        |  | (2)  specifies the option selected under Subsection | 
      
        |  | (c). | 
      
        |  | SECTION 2.  Section 411.109(a), Government Code, is amended | 
      
        |  | to read as follows: | 
      
        |  | (a)  The comptroller is entitled to obtain from the | 
      
        |  | department criminal history record information maintained by the | 
      
        |  | department that the comptroller believes is necessary for the | 
      
        |  | enforcement or administration of Chapter 103, Civil Practice and | 
      
        |  | Remedies Code, or Chapter 151, 152, 154, 155, or 162, Tax Code, | 
      
        |  | including criminal history record information that relates to a | 
      
        |  | person who is: | 
      
        |  | (1)  an applicant for a permit under any of those | 
      
        |  | chapters; | 
      
        |  | (2)  a permit holder under any of those chapters; | 
      
        |  | (3)  an officer, director, stockholder owning 10 | 
      
        |  | percent or more of the outstanding stock, partner, owner, or | 
      
        |  | managing employee of an applicant or permit holder under any of | 
      
        |  | those chapters that is a corporation, association, joint venture, | 
      
        |  | syndicate, partnership, or proprietorship; | 
      
        |  | (4)  believed to have violated any of those chapters; | 
      
        |  | [ or] | 
      
        |  | (5)  being considered by the comptroller for employment | 
      
        |  | as a peace officer; or | 
      
        |  | (6)  receiving, scheduled to receive, or applying to | 
      
        |  | receive compensation under Chapter 103, Civil Practice and Remedies | 
      
        |  | Code. | 
      
        |  | SECTION 3.  (a)  Notwithstanding Section 103.0535(d), Civil | 
      
        |  | Practice and Remedies Code, as amended by this Act, a person | 
      
        |  | entitled to compensation under Section 103.001(a), Civil Practice | 
      
        |  | and Remedies Code, who started receiving annuity payments before | 
      
        |  | the effective date of this Act may elect to receive any remaining | 
      
        |  | payments as alternative annuity payments under Section 103.0535, | 
      
        |  | Civil Practice and Remedies Code, as amended by this Act, by filing | 
      
        |  | the form described by Section 103.0535(d-1), Civil Practice and | 
      
        |  | Remedies Code, as added by this Act, with the comptroller after | 
      
        |  | December 31, 2019, and before March 1, 2020.  The value of | 
      
        |  | alternative annuity payments elected under this subsection must be | 
      
        |  | actuarially equivalent to the remaining value of the annuity | 
      
        |  | payments the person would receive absent the election.  This | 
      
        |  | subsection does not affect the ability of a person described by this | 
      
        |  | subsection to make an election under Section 103.0535(d), Civil | 
      
        |  | Practice and Remedies Code, as amended by this Act, following a | 
      
        |  | life-changing event described by that subsection. | 
      
        |  | (b)  Not later than December 1, 2019, the comptroller shall | 
      
        |  | provide notice to all persons entitled to compensation under | 
      
        |  | Section 103.001(a), Civil Practice and Remedies Code, of: | 
      
        |  | (1)  the opportunity described by Subsection (a) of | 
      
        |  | this section to elect to receive alternative annuity payments under | 
      
        |  | Section 103.0535, Civil Practice and Remedies Code, as amended by | 
      
        |  | this Act; and | 
      
        |  | (2)  the opportunity to elect to receive alternative | 
      
        |  | annuity payments after a life-changing event under Section | 
      
        |  | 103.0535(d), Civil Practice and Remedies Code, as amended by this | 
      
        |  | Act. | 
      
        |  | (c)  The comptroller shall provide the notice required by | 
      
        |  | Subsection (b) of this section by: | 
      
        |  | (1)  certified mail to a person's last known address; | 
      
        |  | and | 
      
        |  | (2)  phone call to the phone number that the | 
      
        |  | comptroller has on file for the person. | 
      
        |  | SECTION 4.  This Act takes effect immediately if it receives | 
      
        |  | a vote of two-thirds of all the members elected to each house, as | 
      
        |  | provided by Section 39, Article III, Texas Constitution.  If this | 
      
        |  | Act does not receive the vote necessary for immediate effect, this | 
      
        |  | Act takes effect September 1, 2019. | 
      
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        |  | ______________________________ | ______________________________ | 
      
        |  | President of the Senate | Speaker of the House | 
      
        |  | 
      
        |  | I hereby certify that S.B. No. 1151 passed the Senate on | 
      
        |  | April 11, 2019, by the following vote:  Yeas 31, Nays 0; | 
      
        |  | May 23, 2019, Senate refused to concur in House amendments and | 
      
        |  | requested appointment of Conference Committee; May 23, 2019, House | 
      
        |  | granted request of the Senate; May 26, 2019, Senate adopted | 
      
        |  | Conference Committee Report by the following vote:  Yeas 31, | 
      
        |  | Nays 0. | 
      
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        |  | 
      
        |  | ______________________________ | 
      
        |  | Secretary of the Senate | 
      
        |  | 
      
        |  | I hereby certify that S.B. No. 1151 passed the House, with | 
      
        |  | amendments, on May 17, 2019, by the following vote:  Yeas 146, | 
      
        |  | Nays 0, one present not voting; May 23, 2019, House granted request | 
      
        |  | of the Senate for appointment of Conference Committee; | 
      
        |  | May 26, 2019, House adopted Conference Committee Report by the | 
      
        |  | following vote:  Yeas 145, Nays 0, one present not voting. | 
      
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        |  | 
      
        |  | ______________________________ | 
      
        |  | Chief Clerk of the House | 
      
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        |  | Approved: | 
      
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        |  | ______________________________ | 
      
        |  | Date | 
      
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        |  | ______________________________ | 
      
        |  | Governor |